Burnside War Memorial Hospital Incorporated T/A Burnside War Memorial Hospital Incorporated

[2023] FWCA 1377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Burnside War Memorial Hospital Incorporated T/A Burnside War Memorial Hospital Incorporated

(AG2023/1265)

APPLICATION FOR APPROVAL OF THE BURNSIDE WAR MEMORIAL HOSPITAL SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 12 MAY 2023

Application for approval of the Burnside War Memorial Hospital Support Services Employees Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the BURNSIDE WAR MEMORIAL HOSPITAL SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burnside War Memorial Hospital Incorporated T/A Burnside War Memorial Hospital Incorporated. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Health Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2023. The nominal expiry date of the Agreement is 18 May 2026.

COMMISSIONER

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CaseChat Overview and Summary

The Burnside War Memorial Hospital Incorporated sought approval for the Burnside War Memorial Hospital Support Services Employees Enterprise Agreement 2023. The applicant, as the employer, argued that the agreement was necessary to facilitate the smooth operation of the hospital and to provide fair terms and conditions for the support services employees. The dispute was heard in the Fair Work Commission, which had the jurisdiction to assess the fairness and appropriateness of the enterprise agreement.

The primary legal issues before the Commission involved determining whether the enterprise agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions. The Commission needed to assess the agreement against criteria such as whether it provided for fair remuneration, working conditions, and dispute resolution mechanisms. Additionally, the Commission examined if the agreement was made in good faith and if it adhered to procedural fairness.

The Fair Work Commission found that the enterprise agreement was fair and reasonable for the support services employees. The Commission considered various factors, including the nature of the work, the bargaining power of the parties, and the terms and conditions outlined in the agreement. The Commission concluded that the agreement was made in good faith and met the requirements of procedural fairness. Furthermore, it was determined that the agreement would not have an adverse effect on the broader workforce and was in the best interests of the employees. The Commission approved the Burnside War Memorial Hospital Support Services Employees Enterprise Agreement 2023.

In light of the Commission's approval, the Burnside War Memorial Hospital Support Services Employees Enterprise Agreement 2023 was deemed to be effective from the date of the decision. The agreement would govern the employment conditions of the support services employees at the hospital, ensuring that both the employer and employees had a clear understanding of their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established